Rajasthan High Court
Hariprasad @ Kalu S/O Ramratan vs State Of Rajasthan on 5 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
761/2022
In
S.B. Criminal Appeal No. 1111/2022
Hariprasad @ Kalu S/o Ramratan, Aged About 39 Years, R/o
Khatkalan, Police Station Surwal District Sawaimadhopur,
Rajasthan Presently Confined In Jail Sawaimadhopur
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. B.S. Gurjar
For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 18.06.2022 passed by
learned Sessions Judge, Sawaimadhopur whereby the accused
appellant has been convicted for the offence punishable under
sections 376, 452, 457, 323 and 341 IPC and has been sentenced
to maximum ten years rigorous imprisonment along with fine of
Rs.5,000/- and in default to further undergo six months
additional imprisonment.
Learned counsel for the accused-appellants submits that a
false case has been foisted against the appellant with an oblique
motive since there was political rivalry between the parties. The
(2 of 3) [SOSA-761/2022]
prosecutrix is a grown up lady of 30 years and the manner in
which the said incident has taken place does not inspire
confidence. Learned trial Court has failed to appreciate the
evidence brought on record.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant was on bail during the trial and
presently is behind the bars and the hearing of appeal is likely to
take further more time, therefore, considering the overall
submissions and looking to the totality of facts and circumstances
of the case while refraining from passing any comments on the
niceties of the matter and the defects of the prosecution as the
same may put an adverse effect on hearing of the appeal, this
court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Sessions Judge, Sawaimadhopur,
vide judgment dated 18.06.2022 in Sessions Case No. 61/2020
against the appellant-applicant Hariprasad @ Kalu S/o Ramratan
shall remain suspended till final disposal of the aforesaid appeal
and he shall be released on bail provided he executes a personal
bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/-
each to the satisfaction of the learned trial Judge for their
appearance in this court on 09.02.2023 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
(3 of 3) [SOSA-761/2022]
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their
address(s),they will give in writing their changed
address to the trial Court.
The learned trial Court shall keep the record of attendance of the
accused-applicant(s) in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants were tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicants does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
PREETI VALECHA /42
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